Australian National Airways Pty Ltd v Commonwealth (No 2) [1946] HCA 10

71 C.L.R.J OF AUSTRALIA. 115

[HIGH COURT OF AUSTRALIA.]

AUSTRALIAN NATIONAL AIRWAYS PRO-

PRIETARY LIMITED AASAHTGHE

PLAINTIFF, AND THE COMMONWEALTH AND OTHERS ._ ReEspoNnDENTS. DEFENDANTS, [No. 2.]

High Court—Appeal to Privy Council—Decision as to limits inter se of constitutional H, C. or A. powers of Commonwealth and States—What constitutes—Oertificate that question 1946, ought to be determined by Privy Council—Grounds for granting—The Constitution ~~ (63 & 64 Vict, c, 12), 88. 51 (i.) (waxiz.), 74, 92, 122—Australian National Airlines MELBOURNE, Act 1945 (No. 31 of 1945). March 14.

The plaintiff company, desiring to appeal to the Privy Council from the SypNEy, decision of the High Court (ante, p. 29) in so far as it did not accede to the plain. April 17. tif's claim that the Australian National Airlines Act 1945 was wholly invalid, yom og, applied to the High Court for a certificate under s. 74 of the Constitution Starke, Dixon

e : er tte: and that, so far as it was a question as to the limits inter se of the powers of the Williams JJ.

Commonwealth and the States, the question whether the provisions of the 'Act which had not been declared invalid were within the legislative power of the Commonwealth Parliament under s, 51 (i.) and (xxxix,) of the Constitution was one which ought to be determined by His Majesty in Council. In support of the application the company contended, first, that the decision was one of great importance, and second, that if their Lordships of the Privy Council should see fit to grant special leave to appeal it would be very desirable that all the issues in the case should be open for decision.

Held (1) that the question for which the certificate was sought raised a question as to the limits inter se of the constitutional powers of the Common- wealth and the States within the meaning of s. 74 of the Constitution ; (2) that the application should be refused.